EPA v. MAGMA COPPER COMPANY

Case summary

THIS REFERRAL IS ONE OF THREE RELATED REFERRALS SEEKING TO REQUIRE THE MAGMA COPPER CO TO PAY PAY CIVIL PENALTIES AS A RESULT OF ITS FAILURE TO CONTROL DISCHARGES, CHIEFLY RELEASES AND SEE PAGES OF PROCESS WATER, MINE DRAINAGE WATER, ACID AND DISSOLVED COPPER SOLUTIONS, AND CONTAMINATED STORMWATER, AND TO CONTROL DISCHARGES OF ITS TAILINGS, IN VIOLATION OF THE CLEAN WATER ACT (CWA), AT THREE FACILITIES OWNED AND OPERATED BY THE COMPANY IN SOUTHEASTERN ARIZONA. THE FACILITIES ARE KNOWN AS THE PINTO VALLEY OPERATIONS, SUPERIOR MINING DIVISION, AND COPPER CITIES UNIT. THE REFERRAL ALSO SEEKS TO OBTAIN A DECREE REQUIRING THAT MAGMA FULLY ACHIEVE, AND THEREAFTER MAINTAIN COMPLIANCE WITH THE CWA AT THOSE FACILITIES. THE PINTO VALLEY OPERATIONS IS LOCATED APPROXIMATELY 5 MILES WEST OF MIAMI, ARIZONA. THE FACILITY INCLUDES AN OPEN PIT COPPER SULFIDE MINE. THE ORE IS MILLED AT THE SITE. THE PINTO VALLEY OPERATIONS WHICH FORM THE BASIS OF THE REFERRAL HAVE COME FROM STORMWATER CONTAINMENT PONDS CONTAMINATED WITH INDUSTRIAL PROCESS WATER, SEE PAGE FROM TAILINGS PONDS, AND FROM SLOUGHING OF THE TAILINGS THEMSELVES FROM FAILED FACES OF TAILINGS DAMS.

Defendants (1)

• MAGMA COPPER CONamed in complaintNamed in settlement

Facilities (1)

• B H P COPPER MIAMI UNIT

  HWY 60 AND DAVIS CANYON RD, MIAMI, AZ, 85539

  Registry ID: 110008257787

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MAGMA COPPER COMPANYentered 1994-11-08

  Primary law: CWA

  Federal penalty: $385,000

Timeline (7 milestones)

• 1992-02-24Enforcement Action Data Entered
• 1992-09-30Referred To Dept Of Justice
• 1994-09-29Complaint Filed With Court
• 1994-11-08Final Order Lodged
• 1994-11-08Final Order Entered
• 1994-11-08Concluded
• 2010-05-28Enforcement Action Closed